An interim final rule, effective on October 30th was issued by the Department of Homeland Security (DHS) ending the automatic extension of employment authorization documents for immigrants. Senator Bill Cassidy (R-LA), chairman of the Senate Committee on Health, Education, Labor, and Pensions (HELP) has issued several bills designed to reform the labor laws. The impact of salary history bans was the subject of a research paper issued by Boston University School of Law. Andrea Lucas was selected to be the chair of the Equal Employment Opportunity Commission (EEOC).
Automatic Extension of Immigrant Work Permits Ended – The Department of Homeland Security (DHS) has issued an interim final rule that is effective on October 30th and ends the automatic extension of employment authorization documents for immigrants. DHS is accepting comments on the interim final rule until December 1, 2025. DHS believes that ending automatic extensions of employment authorization documents will increase the frequency of immigrants who apply to work in the United States being screened. United States Customs and Immigration Services (USCIS) Director Joseph Edlow stated “It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended. All aliens must remember that working in the United States is a privilege, not a right.”
USCIS recommends that a renewal application should be submitted up to 180 days before the employment authorization document expires. Previously, those who filed the I-765 form to renew an expiring employment authorization document could qualify for an up to 540 day automatic extension while the renewal application is pending.
Labor Law Reform Bills Introduced in the Senate – Senator Bill Cassidy (R-LA), chairman of the Senate Committee on Health, Education, Labor, and Pensions (HELP) has introduced several bills designed to reform the labor laws by amending the National Labor Relations Act (NLRA) and the Labor Management Reporting and Disclosure Act (LMRDA). According to Senator Cassidy, “Congress needs to update labor laws for businesses, unions and workers to make our nation competitive in a 21st century economy.” The bills have been referred to the HELP Committee.
The Worker Reforming Elections for Speedy and Unimpeded Labor Talks Act (S. 3117) is designed to strengthen the integrity of union elections by requiring a secret ballot election and the participation of at least two-thirds of the bargaining unit in the union election. The bill would also expand workers’ ability to choose by increasing the period during which workers may vote on continuing their relationship with their union from 30 days to 90 days and making sure that this opportunity occurs every two years.
The Fairness in Filing Act (S. 3116) is designed to address the large number of unfair labor practices that are dismissed outright by requiring as part of the filing the inclusion of evidence upon which the charge is based, the sharing of evidence with the parties, and penalties of up to $5,000 for filing frivolous unfair labor practice charges. According to the HELP committee “Requiring evidence when a charge is filed would help clear the NLRB’s growing backlog by ensuring the Board does not have to sift through and investigate unfair labor practice charges that lack evidence and are filed as a delay or distraction tactic”, allowing the NLRB to focus on resolving meritorious cases.
The Union Members Right to Know Act (S. 3114) would require that unions regularly provide workers with a summary of their rights to object to their dues being used for the political spending of the union. Workers would need to opt-in to their dues going to nonrepresentational activities as part of the legislation
Research Paper Examines Impact of Salary History Bans – Boston University School of Law issued a research paper that concluded a ban on the use of past salary history by employers can result in a lessening of the pay gap. The paper notes that as of last April, there were 22 states, the District of Columbia and Puerto Rico that had salary history bans, with the scope of the bans varying among those that have adopted them.
The theory behind the ban is that women on average have a weaker salary history than men and this can be explained in part due to discrimination. Those employers who use past salary history in setting compensation could result in extending the effect of prior discrimination. The authors of the paper stated ”Newly hired women in jurisdictions that implement a ban earn significantly more than newly hired women in other jurisdictions. Importantly, but less noticed, there is also evidence that salary history bans help to close the racial pay gap as well.”
Lucas Named EEOC Chair – Andrea Lucas has been designated as Chair of the Equal Employment Opportunity Commission (EEOC). She has been an EEOC Commissioner since 2020 and was confirmed recently for a second term that expires on July 1, 2030. She stated that “As Chair, I remain committed to enforcing the law evenhandedly, advancing equal opportunity, and upholding merit-based, colorblind equality in America’s workplaces.
Neil Reichenberg is the former executive director of the International Public Management Association for Human Resources. He is an attorney, a frequent writer and speaker on public policy and human resource issues, and an adjunct faculty member at George Mason University. For questions or additional information, contact Reichenberg at neilreichenberg@yahoo.com.
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